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1515 Beach Avenue ZVAR21-0019 Packet (November)ZVAR21-0019 Carriere Legal Description C 1 1A CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR21-0019 Request for a variance to section 24-106(e)(2)reduce the minimum rear yard setback to connect an existing detached garage to the principal structure at 1515 Beach Avenue. LOCATION 1515 Beach Avenue APPLICANT John November DATE December 14, 2021 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, John November, is representing the owners of 1515 Beach Avenue. This property is located on the northeast corner of 15th Street and Beach Avenue and is located in the Residential, Single- Family (RS-2) zoning district. The subject property has an existing two-story house and existing two-story detached garage. The two-story detached garage was constructed when the property was redeveloped in the 2000’s. The detached garage is located along Beach Avenue and is a legally existing accessory structure, as it meets the required 5-foot setback to the rear and side property lines for accessory structures. The applicant is proposing to build an addition that will connect the existing detached garage to the principal structure. If the detached garage is attached or connected to the principal structure the detached garage is now considered part of the principle structure therefore, it is required to meet setbacks for the principal structure. Per section 24-83(b), “for lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean”. Therefore, the side of the property abutting Beach Avenue is considered the rear yard. This zoning district requires a 20 foot rear yard setback. Page 2 of 4 The existing rear yard setback measured from the garage to the property line abutting Beach Avenue is 15 feet. The applicants are requesting a variance from section 24-106(e)(2) to reduce the minimum rear yard setback from 20 feet to 15 feet to allow for the connection between the principal structure and detached garage. ANALYSIS Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant stated “The coastal construction control line prohibits the property owner from getting full use of their property on the beach side property. The homeowner would like to connect the garage and the main house. This property would no longer be a nonconforming use if this variance is approved as it would be converting this property to a permitted use (single family dwelling) under section 24-106”. View from 15th Street Proposed Addition Principal Structure Detached Garage Page 3 of 4 (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated “Number single family homes on Beach Avenue have setbacks slightly less than 20 feet. In this circumstance, we are only applying for a variance for a mere 5 feet as the garage will keep its current setback of 15 feet from the property line. The public’s view of the property will remain the same if this variance is granted as the changes to the property will occur behind the garage/carriage house as it connects with the main house”. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated “the coastal construction control line prohibits the property owner from getting full use of their property on the beach side of the property. Granting this variance allows the city to contribute the trend of limiting duplexes and converting them to single family homes in this area. This change to single family will result in less impacts on public resources including less trash receptacles and less vehicles needing parking spaces”. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. Existing Proposed Page 4 of 4 (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The applicant stated “The property is only 50 feet wide which limits the reasonable use of the property as it is a substandard lot size. This limited width combined with the limitations imposed by the coastal construction line on the beach side of the property also substantially limits the depth of the property that can be sued by the property owner”. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0019, request for a variance reduce the minimum rear yard setback to connect an existing detached garage to the principal structure at 1515 Beach Avenue, upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR21-0019, request for a variance to reduce the minimum rear yard setback to connect an existing detached garage to the principal structure at 1515 Beach Avenue. Request for a variance to reduce the minimum rear yard setback to attach an existing detached garage to the principal structure at 1515 Beach Avenue. ZVAR21-0019 1515 Beach Avenue Site Context and Details Oceanfront lot located on the northeast corner of 15th Street and Beach Avenue Zoned Residential, Single Family (RS-2) Site Context and Details Per section 24-83(b), “for lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean”. Therefore, the side of the property abutting Beach Avenue is considered the rear yard. This zoning district requires a 20 foot rear yard setback for principal structures. Background The property has an existing multi-story house and existing two- story detached garage. The two-story detached garage was constructed in the 2000’s and is a legally existing accessory structure that meets the required 5- foot rear and side yard setback. Principal Structure Proposed Plan The applicant is planning to build an addition that will connect the existing detached garage to the principal structure. Need for Variance If the detached garage is attached or connected to the principal structure the detached garage is now considered part of the principle structure therefore, it is required to meet setbacks for the principal structure (required 20 ft rear yard). The existing detached garage encroaches 5 feet into the 20 foot rear yard. The structure will meet the minimum front yard setback of 20 feet and side yard setback of 7.5 feet. View from 15th Street Proposed Addition Principal Structure Detached Garage View from Beach Avenue Grounds for Decision APPROVAL-existence of one or more of the following Section 24-65 (c) DENIAL- 1.Exceptional topographic conditions of or near the property. 2.Surrounding conditions or circumstances impacting the property disparately from nearby properties. 3.Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. 4.Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. 5.Irregular shape of the property warranting special consideration. 6.Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The CDB may consider a denial upon finding that none of the requirements in 24-65 (c) exist. PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the Community Development Board (CDB). The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR21-0019 Address: 1515 Beach Avenue Applicant: John November PUBLIC HEARING(S) Body: Community Development Board Date December 21, 2021 Time: 6:00 PM Request: Request for a variance to reduce the minimum rear yard setback to attach an existing detached garage to the principal structure at 1515 Beach Avenue. Summary: The applicant is requesting relief from Section 24-106(e)(2) to reduce the minimum rear yard setback of 20 feet to 15 feet. On oceanfront lots the yard which faces the Atlantic Ocean is considered the front yard (Section 24-83 (b). Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notices https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing.